The Lake County Board of County Commissioners met in regular session on Tuesday, May 28, 2002, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Robert A. Pool, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; and Catherine C. Hanson. Commr. Debbie Stivender was not present, due to illness. Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Greg Welstead, Deputy County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Sandy Minkoff, County Attorney, informed the Board that he would like to add to the Agenda discussion regarding a request for a Closed Session, to discuss the Covanta litigation with the Board.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved the following requests:
Public Works/Resolutions/Roads-County and State
Request from Public Works for approval to accept the final plat for Park at Wolf Branch Oaks, Phase 2; all areas dedicated to the public, as shown on Park at Wolf Branch Oaks, Phase 2 plat; and authorization to execute Resolution No. 2002-79, accepting Oak Bluff Drive (CR4785) and Oak Cluster Drive "Part" (CR4885A) into the County Road Maintenance System. Subdivision consists of 10 lots - Commission District 4.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)
Community Services/State Agencies
Request from Community Services for approval and signature on the Letter of Support to accompany the Housing and Supportive Services, Inc. application to HUD, for Capital Advance Funding, in support of building a 63 unit apartment complex for elders age 62 and older on property in Tavares.
Commr. Stivender was not present at this meeting.
PUBLIC HEARINGS
VACATIONS
PETITION NO. 982 - NANCY AND PINKNEY CLEMENTS - MASCOTTE
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request for approval of a Resolution to vacate a portion of a road in Sparky's Camp subdivision, in the Mascotte area. He reviewed an aerial of the property in question, pointing out the fact that the road to be vacated (Edward Avenue) gives the Georgia Tech Foundation, who represents a large number of individuals and whose 72 acre parcel backs up to said road, legal access to their property from a side street, rather than having to access their property off of the main road (SR 33). He stated that staff was recommending denial of the request, because they are concerned that said access is being cut off. He noted that there were two letters of opposition on file.
The Chairman opened the public hearing.
Ms. Nancy Clements, Applicant, addressed the Board and distributed, for the record, a seven page handout, containing a map and various pictures (10) of the property and road (Edward Avenue) in question. She stated that she was not asking to have the entire road closed, only the portion that runs between Lots 9 and 21, which she and her husband own. She stated that they plan to construct a new home on Lot 21 (indicated by a green "x" on the map of her property) and have their driveway come off of SR 33, rather than Edward Avenue, ensuring them privacy on their land, as well as to help stop trespassing and the dumping of garbage in their orange grove.
Mr. Stivender readdressed the Board stating that staff feels the applicants can have a driveway constructed across Lot 9 and then cross the Edward Avenue right-of-way to access their property. He stated that Georgia Tech could be limited in what they can do, with regard to access to their property, and Edward Avenue could be an alternative access to their property to the north, should they ever decide to develop the property.
Ms. Clements readdressed the Board stating that she and her husband would be willing to work out something jointly with Georgia Tech, with regard to access to their property, rather than having Georgia Tech cross between their two parcels of property, when traveling down Edward Avenue. She stated that, if Georgia Tech ever builds a subdivision, there is going to be a lot of traffic traveling down Edward Avenue, between Lots 9 and 21.
Commr. Cadwell stated that, with Georgia Tech having at least one-eighth of a mile of property fronting on SR 33, they would not be limited in their access to the property by closing the portion of Edward Avenue that is in question.
At this time, a fax was submitted, for the record, from Laverack & Son Painting, indicating their opposition to the request.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved Petition No. 982, by Nancy and Pinkney Clements; and a request for approval and execution of Resolution No. 2002-80, to vacate a portion of a road (Edward Avenue) in Sparky's Camp subdivision, Lot 21, Block B, in Section 22, Township 21, Range 24, in the Mascotte area - Commission District 3.
Commr. Stivender was not present at this meeting.
PETITION NO. 983 - SHARON T. HARRISON - LAKE NORRIS
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request to vacate two easements in the Plat of Sorrento Shores, in the Lake Norris area. He stated that the property owners own the property on both sides of the easements in question; therefore, staff was recommending approval of the request.
The Chairman opened the public hearing.
It was noted that the applicant was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
Commr. Hanson questioned whether the applicant understood the fact that, with a Unity of Title, the lots on both sides of the easements would be joined together and the applicant would only be allowed to have one building site.
The Applicant, Ms. Harrison, addressed the Board stating that she understood said fact. She noted that she had built a 24 foot x 40 foot pole barn on one lot and a home on the adjoining lot and wanted to keep the two lots together.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved Petition No. 983, by Sharon T. Harrison; and a request for approval and execution of Resolution No. 2002-81, to vacate two easements in the Plat of Sorrento Shores, in Section 16, Township 18, Range 28, in the Lake Norris area - Commission District 5.
Commr. Stivender was not present at this meeting.
PETITION NO. 984 - RON KERSHNER - LADY LAKE
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request to vacate a utility easement in the Plat of Orange Blossom Gardens, in the Lady Lake area. He stated that the County has vacated a lot of easements in that area, which he noted is in the older section of Orange Blossom Gardens that does not fall under the new rules; therefore, staff was recommending approval of the request.
The Chairman opened the public hearing.
It was noted that the applicant was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved Petition No. 984, by Ron Kershner; and a request for approval and execution of Resolution No. 2002-82, to vacate a utility easement in the Plat of Orange Blossom Gardens, in Section 7, Township 18, Range 24, in the Lady Lake area - Commission District 5.
Commr. Stivender was not present at this meeting.
REZONING
PETITION NO. PH20-02-4 - A AND R-6 TO R-1 - DEBORAH H. RADAM
BRADLEY PETER VERKAIK - TRACKING NO. 36-02-Z
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone four acres in the Mt. Plymouth area from A (Agriculture) and R-6 (Urban Residential) to R-1 (Rural Residential), so that the parcel can be split into two parcels. She stated that the request was approved by the Planning and Zoning Commission and noted that staff supports the request, as well. She stated that there was no opposition to the request.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2002-43 - Deborah Radam/Bradley Verkaik, Rezoning Case No. PH20-02-4,Tracking No. 36-02-Z, a request for rezoning from A (Agriculture) and R-6 (Urban Residential) to R-1 (Rural Residential), to allow the parcel to be split into two parcels.
Commr. Stivender was not present at this meeting.
PETITION NO. PH21-02-5 - R-6 TO CFD - ROGER ENGLISH/FIRST JERUSALEM COMMUNITY CHURCH/TRACKING NO. 37-02-CD
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone four acres in the Umatilla area, on Hwy. 19, for a church. She stated that there was no opposition to the request. She stated that the request was approved by the Planning and Zoning Commission and staff supports it, as well. She noted that it will have to go through development review, to address access and construction issues.
The Chairman opened the public hearing.
It was noted that the applicant was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2002-44 - First Jerusalem Community Church/Roger English,
Rezoning Case No. PH21-02-5,Tracking No. 37-02-CD, a request for rezoning from R-6 (Urban Residential) to CFD (Community Facility District), for a church and associated uses.
Commr. Stivender was not present at this meeting.
PETITION NO. CUP02/5/1-5 - CUP IN A - ROBERT AND SHIRLEY GRANTHAM
BUD'S LAND WORK/TRACKING NO. 39-02-CUP
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone a 76 acre site in the Umatilla area currently zoned A (Agriculture). She stated that the applicants would like to leave a mobile home on the site, which has been in place since the construction of their single family home, and utilize it as a caretaker's residence, noting that they have some active agricultural uses on the property. She stated that there were two letters of opposition on file. She stated that the Planning and Zoning Commission approved the request and staff supports it, as well.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2002-45 - Robert and Shirley Grantham, Rezoning Case No. CUP02/5/1-5,Tracking No. 39-02-CUP, a request for a CUP in A (Agriculture), to keep a mobile home on the site for use as a caretaker's residence, or agricultural housing.
Commr. Stivender was not present at this meeting.
PETITION NO. CUP02/5/6-1 - AMENDMENT TO EXISTING CUP NO. 409-1 AND CUP NO. 409A-1 - FLORIDA UNITED METHODIST CHURCH/LINUS AND PATRICIA HEINZ/STEVEN J. RICHEY, P.A./TRACKING NO. 38-02-CUP/AMD
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request by the Florida United Methodist Church to amend an old CUP, adding 19 acres, to allow the expansion of a children's center, which will be used by people who utilize the camp. She stated that staff supports the request and noted that there were no letters of opposition on file. She stated that there was a lot of discussion regarding the request at the Planning and Zoning Commission Meeting, however, noted that they approved it. She stated that some language was added, post the Planning and Zoning Commission Meeting, which she displayed on the monitor and reviewed with the Board.
The Chairman opened the public hearing.
It was noted that the applicant's representative was present in the audience.
Commr. Hill stated that the Staff Report indicates there will be adequate public facilities and a package plant located on the property and questioned whether staff had checked them out.
Ms. Farrell stated that the County inspects the package plant annually.
Commr. Hill stated that the Staff Report also indicates, under Adequacy of Fire Protection, that the applicant has not received written confirmation from the Lake County Fire Department that their water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection and whether the applicant had received said confirmation.
Ms. Farrell stated that staff will obtain said information during development review.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
A motion was made by Commr. Hill and seconded by Commr. Hanson to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 2002-46 - Florida United Methodist Church/ Linus and Patricia Heinz/Steven J. Richey, P.A., Rezoning Case No.CUP02/5/6-1,Tracking No.38-02-CUP/AMD, as amended, adding the following language: "The day care facility must be within the existing developed area and be used only for the people and guests who are part of the activities at the Methodist facility. This would also apply to the ball fields."
Under discussion, Commr. Cadwell questioned what the logic was for not wanting people to use the ballfields, unless they were part of the activities at the Methodist camp.
Mr. Steve Richey, Attorney, representing the applicant, addressed the Board stating that there were four property owners in the area who were concerned that the ballfields would be opened to the public and there would be legions of people coming in disrupting the neighborhood. He stated that the concern was not a problem for the applicant, because the ballfield will be exclusively for the use of the campers. He stated that the applicant is adding 19 acres to the current campus of the Methodist camp, to add a day care center in the existing developed area, for people who come to the camp and want to have their children taken care of, and for ballfields and some passive recreation. He stated that, if the applicant decides to do anything more intense than that, they will bring it back before the Board, for approval. He noted that, at the present time, there are no plans for improvements or additional structures to be built on the property.
The Chairman called for a vote on the motion, which was carried unanimously, by a 4-0 vote.
Commr. Stivender was not present at this meeting.
PETITION NO. PH19-02-2 - A TO R-2 - JEFFREY AND SHARON MARTIN
STEVEN J. RICHEY, P.A./TRACKING NO. 35-02-Z
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone 12 acres in the Clermont area from A (Agriculture) to R-2 (Estate Residential). She stated that staff supports the request and noted that the Planning and Zoning Commission approved the request, as well. She stated that there were no letters of opposition on file. She stated that the property will have central water and individual septic systems and is located in an Urban Expansion area.
The Chairman opened the public hearing.
No one was present in opposition to the request.
Commr. Hill questioned the time frame involved for the applicant to hook up to the City of Clermont's central sewer system.
Ms. Farrell stated that the applicant would not be hooking up to the City's sewer system, because the property is not located in the City's utility district, and noted that the County will still require its setbacks and the request will still need to go through a development review and an environmental assessment.
Mr. Steve Richey, Attorney, representing the applicants, addressed the Board stating that the application was originally a request for R-3 ( Medium Residential), however, has since been amended to reflect an R-2 (Estate Residential) zoning. He stated that it consists of 24 one-half acre lots on 12 acres of land on Crescent Lake. He stated that there are some larger lots along the lake and the applicant is matching those larger lots to the proposed development. He stated that the development will be on septic tanks, because central sewer is not available to the site, however, noted that central water is available and will be provided.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2002-47 - Jeffrey and Sharon Martin/Steven J. Richey, P.A., Rezoning Case No. PH 19-02-2, Tracking No. 35-02-Z, a request for rezoning from A (Agriculture) to R-2 (Estate Residential).
Commr. Stivender was not present at this meeting.
PETITION NO. CUP02/5/2-3 - CUP IN A - ROBERT J. RANDOLPH
TRACKING NO. 40-02-CUP
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it is a request to rezone a 12 acre site in the Mascotte area that is currently zoned A (Agriculture). She stated that the applicant is requesting a CUP, to park two dump trucks, a large front end loader, and two heavy equipment trailers on the site. She stated that the request is supported by staff, as conditioned in the Ordinance, and noted that the Planning and Zoning Commission approved it, as well. She stated that the applicant will have to go through development review, so that staff can check the buffers and look at what they have set up for fuel storage. She stated that there was no opposition to the request.
The Chairman opened the public hearing.
Mr. Fred Morrison, Attorney, representing the applicant, addressed the Board stating that the applicant was present in the audience, however, noted that they would defer to staff, unless the Board had any questions, or there was any opposition that they needed to rebut.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Hill questioned why the applicant was applying for a CUP, with annual fees and inspections, when he could have gotten a variance.
Ms. Farrell stated that the applicant could not request a variance for land use, he would have to get a CUP.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2002-48 - Robert Randolph, Rezoning Case No.CUP02/5/2-3, Tracking No. 40-02-CUP, a request for a Conditional Use Permit (CUP) in A (Agriculture), to allow parking and storage of two dump trucks, a large front end loader, and two heavy equipment trailers, in association with a trucking and loader service.
Commr. Stivender was not present at this meeting.
PETITION NO. PH18-02-2 - AMENDMENT TO EXISTING PUD/DRI ORDINANCE NO. 1999-52 - SUMMER BAY/PAUL CALDWELL/R.J.WHIDDEN & ASSOCIATES
TRACKING NO. 34-02-PUD/DRI/AMD
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to amend an existing DRI in the south end of the County, whose signage is part of the Development Order, so, in order to make any changes, they have to go through a complete public hearing process. She stated that the applicant is requesting some alternative signage for their Holiday Inn, which does not have direct frontage on US 192. She stated that the request is supported by staff and was approved by the Planning and Zoning Commission, as well. She noted that there was no opposition to the request.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
Commr. Hanson asked why this request was different from other such requests.
Ms. Farrell stated that the request involves such a large complex that the applicant does not have any frontage on US 192. She stated that the sign in question will be a large directional sign and, due to the fact that it will be located off-site, staff could not approve it; therefore, they looked at the applicant's Development Order and comprised some language that would give them signage, enabling their customers to access the site. She stated that there will probably be more of these issues with a few more of the projects that will be constructed in Summer Bay, however, noted that staff will deal with them on a case-by-case basis.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2002-49 - Summer Bay Partnership, Joe Scott/Jim Wilson, Rezoning Case No. PH18-02-2, Tracking No. 34-02-PUD/DRI/AMD, a request for an amendment to existing PUD/DRI Ordinance No. 1999-52, to allow for alternative signage placement for a Holiday Inn located within the Summer Bay Development.
Commr. Stivender was not present at this meeting.
PETITION NO. MSP02/4/1-2 - AMENDMENT TO EXISTING SAND MINE ORDINANCE NO. 2000-6 - RINKER MATERIALS CORPORATION/CR 474 SAND MINE EXPANSION/MARK DAVIES/TRACKING NO. 25-02-MSP/AMD
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to amend an existing sand mine ordinance, to add an additional 699 acres, for future expansion. She stated that staff has reviewed everything that the applicant has provided to the County and has a good level of comfort with the request. She stated that staff was recommending approval of the request and noted that the Planning and Zoning Commission approved it, as well.
The Chairman opened the public hearing.
It was noted that the applicant was present in the audience.
Commrs. Hill and Hanson stated, for the record, that they had met with the applicant prior to this meeting.
Ms. Leslie Campione, Attorney, representing the applicant, addressed the Board stating that the mine in question was originated in 1982 and was first developed by Florida Crushed Stone. She stated that it was purchased by Rinker Materials in 1990 and they have been mining the north side of the site, above CR 474, since that time. She stated that the request is to allow the applicant to do some minor expansion on approximately 12 acres in the northern section of the property and then to mine south of CR 474. She stated that the applicant will not be building any additional facilities south of CR 474, noting that they will use the improvements that are already in place on the north side of the road and will place culverts under CR 474; therefore, there will be no additional improvements on the south side of the road. She stated that, as far as technical information is concerned, there were several consultants present, to address specific questions that the Board might have about the application.
Mr. Mark Davies, Business Development Manager, Rinker Aggregates Division, Rinker Materials Corporation, addressed the Board stating that the applicant is requesting to expand an existing sand mine from its current location north of CR 474 to a location south of CR 474. He reviewed an aerial of the property in question, pointing out the area that they are currently mining. He stated that there will be approximately 225 acres of total impacts, of which 205 are uplands, with approximately 20 acres of wetlands, which are split 10 acres to the north and 10 acres to the south. He stated that those to the south are primarily irrigation ditches that have been cut through the pasture land and three small forested wetlands that tend to jet out into the upland areas, which he pointed out on the aerial on display. He stated that the proposal is to finish mining on the north side of CR 474, which will probably take place over the next 9 to 12 months, as they prepare a crossing underneath CR 474, to move the dredge to the south side and start mining the Barahona property. He stated that most of the infrastructure will stay as it currently is. He stated that the truck traffic will continue to come and go from the site on the north side of CR 474 and the volumes are anticipated to be the same, as well - in the one million ton per year range. He stated that the coarse sand will become a product which is sold through customer trucks and the fine material will be flumed back into lakes on the north side that have already been mined, as a part of the reclamation process, very similar to what has been done for the past 20 years or so.
Mr. Davies stated that, with regard to environmental enhancements, not only are they complying with Lake County's standards, which are quite stringent, but they have also had an opportunity to receive a grant from the United States Environmental Protection Agency (USEPA) to do some additional work at the site. He stated that the project has come about from reclaiming one and a half acres of wetlands along a former mine pit to becoming what may be one of 50 sites in the United States called Corporate Lands for Learning. He stated that they are quite proud of said project. He stated that they plan to continue to be a good neighbor in that part of the County and look forward to the opportunities to service that area of the County's growing community.
The Chairman opened the public hearing.
Ms. Nancy Fullerton, a property owner in the Green Swamp Area of Critical State Concern and President of the Alliance to Protect Water Resources, addressed the Board stating that she trusted they had read her letter of opposition that was submitted to them prior to this meeting and comments that she had made at the Planning and Zoning Commission Meeting, as recorded in their Minutes. She stated that she was sure the Board was familiar with her committee's position about mining in the Green Swamp. She stated that she had received a detailed memorandum from Growth Management, which addressed many of the questions that she had asked at the Planning and Zoning Commission Meeting. She discussed the issue of mitigation to wetlands, noting that Mr. Davies' comments about the matter differed with staff's. She questioned whether said language would be included in the Ordinance and whether it would make it a safer document if said language was included. She then discussed the issue of conservation easements, noting that, if the intent of the language in the LDRs regarding conservation easements is to provide protection to wetlands that are being impacted, then she feels it should be clarified or addressed. She further elaborated on the issue of conservation easements and whether staff's position is to allow further development in the wetland areas.
Ms. Campione, Attorney, readdressed the Board stating that the wetlands that are mitigated will be placed in conservation easements, which she noted is done through a plan that is filed with the Department of Environmental Protection. She stated that, due to the fact that this request involves an ongoing process and mitigation has not occurred, it will happen in the future, so there is compliance from that standpoint. She stated that she felt the provision that Ms. Fullerton referred to is intended for residential developments that are multi-phased, otherwise, it would require that every other acre of wetlands on the entire site be put in a conservation easement. She stated that, if that was something the County wanted to look at in the future, they could choose to do so, but it is not applicable in this case and has never been the policy of the County to do so in the past.
Ms. Fullerton stated that, based upon Ms. Campione's comments, the County should change the language, or clarify it within the LDRs, and not just go by historical practice. She stated that the Staff Report did not address a possible inconsistency with the County's Comprehensive Plan, which concerned her. She asked that staff look at the two policies she alluded to. She referred to a letter, dated April 17, 2002, from Mr. Larry Madrid, in which he states that samples that were taken from the site were unusual and difficult to process. She questioned what that means, in terms of the aquifer. She stated that she felt it was unrealistic to expect a denial of this request; however, she hoped the Board would understand that the environmental community would be negligent if they did not raise concerns and objections about the matter, because any possible harm to the water resources in the Green Swamp Area of Critical State Concern and the habitat would be very irresponsible. She asked the Board to deny the request and noted that, if they did, she would ask very strongly that the County do an independent study of the accumulative effects of mining in the Green Swamp.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Ms. Campione readdressed the Board and rebutted comments that Ms. Fullerton had made, with regard to policies contained in the Comprehensive Plan that reference prohibition of mining in specified areas, mining in environmentally sensitive areas, and a requirement that mined areas be restored to their prior condition after mining, noting that what she found in the Comprehensive Plan is that there are three specific areas where the restoration requirement would apply, but this was not one of them. She stated that the wildlife management area state owned properties in the Green Swamp, the Okahumpka swamp area, and the phosphate deposits on the west side of Lake George would have that requirement, noting that they are referenced as environmentally sensitive areas, where the restoration would have to be of the type, nature, function, and extent that it was prior to the mining activities. She stated that staff's findings are that the proposed amendment to the existing mining site plan is consistent with the general purpose, goals, objectives, and standards of these regulations, the Lake County Comprehensive Plan, and the Code of Ordinances of Lake County and is in compliance with all additional standards imposed on it by the particular provisions of these regulations authorizing such use.
Ms. Campione stated that, in the Staff Report, staff goes through the specific criteria that has to be met, in evaluating a zoning application of this nature, and they find the application to be compatible with the existing and planned character of the area where it is located, that the mining operation will not have an undue adverse affect on nearby property, that reasonable steps have been taken to minimize any adverse effects in the immediate vicinity, through development design, landscaping, screening, and that the proposed mining expansion will be constructed, arranged, and operated so as not to interfere with the development of neighboring property, in accordance with applicable district regulations. She stated that they also find that the requirements for adequacy of fire protection and public facilities has been met. She reiterated the fact that the application is consistent with the County's Comprehensive Plan and its Land Development Regulations (LDRs) and requested the Board to approve it.
Commr. Pool stated that Ms. Fullerton had indicated that some unique soil borings were found on the property and what it meant, in terms of the aquifer, and that he would like to have an answer to the question.
Mr. Mark Stephens, Colinas Group, representing the applicant, addressed the Board stating that the soils were unique in the area in question, from the standpoint of low permeability of the confining materials, noting that, when they ran a permeability test through samples of the soils in the laboratory, they were so tight that the fine materials in them plugged up the samples, which is unusual for Central Florida's confining materials.
Commr. Pool questioned whether, in layman's terms, it meant that the confining layer would not allow a reasonable recharge, or a normal recharge, and was more restrictive of a confining layer between the aquifer and where they were mining.
Mr. Stephens stated that that was correct, noting that the confining material on top of the Floridan aquifer was tighter and would not allow as much recharge as other areas in Lake County.
Commr. Pool questioned whether Ms. Farrell had changed her mind, based on the information given this date, to which she responded that she had not.
Commr. Hanson stated that it was indicated in one of the backup letters that all process water will be re-circulated to the dredge pond, so that the addition of water from the upper Floridan aquifer as make-up water is not necessary, and questioned whether it would be prohibited that they use water from the upper Floridan aquifer.
Mr. Davies stated that they would not have any deep wells in the Floridan aquifer, noting that all the water used in the processing of the sand comes out of the dredged lakes themselves. He stated that they have a couple of small domestic wells on site, for domestic water use, but not for mining.
Commr. Hanson stated that Ms. Campione stated the wetland mitigation areas would become conservation easements and questioned whether, if that land were to later be developed as residential, said lands would be figured into the number of acres, to determine the number of units, or whether they would be excluded.
Ms. Farrell stated that they would probably be allowed to include them at a different ratio, either one to five, or one to twenty.
Mr. Greg Welstead, Deputy County Manager, informed the Board that the draft Ordinance contained a scrivener's error in the legal description given in Paragraph 2. B. - Setbacks. He stated that it states 200 inches, however, it should be 200 feet.
Commr. Pool stated that he felt the applicant has met each and every requirement and noted that mining activity has taken place for well over 20 years in the Green Swamp Area of Critical State Concern, with no demonstrated environmental impacts or damages, therefore, would recommend that the Board approve the request.
A motion was made by Commr. Cadwell and seconded by Commr. Hanson to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 2002-50 - Rinker Materials/Mark Davies/Leslie Campione, Rezoning Case No. MSP02/4/1-2, Tracking No. 25-02-MSP/AMD, a request for an amendment to existing sand mine Ordinance No. 2000-6, to add land for future expansion.
Under discussion, Commr. Hanson thanked Ms. Fullerton for the questions she raised and staff for responding, in detail, to said questions.
The Chairman called for a vote on the motion, which was carried unanimously, by a 4-0 vote.
Commr. Stivender was not present at this meeting.
PETITION NO. PH14-02-2 - AMENDMENT TO PUD ORDINANCE NO. 1999-64 - HOLLY HILL FRUIT PRODUCTS COMPANY, INC./CHARLES W. GREGG AND WARREN KNIGHT/GREATER CONSTRUCTION CORPORATION/STEVEN J. RICHEY, P.A./TRACKING NO. 27-02-PUD
Mr. Steve Richey, Attorney, representing the applicant, addressed the Board stating that the applicant was asked by staff to do some revisions to their plans, however, because of the holiday, the revisions did not get done. He stated that he did not have anything to present to the Board, therefore, requested a 30 day continuance, to allow the applicant to do the revisions and meet with some of the surrounding property owners, to try to allay their concerns.
Commrs. Hanson, Hill, and Pool noted, for the record, that they had met with the applicant, prior to this meeting.
The Chairman opened the public hearing.
Mr. David Orozco, a property owner in the area in question, in opposition to the request, addressed the Board stating that he did not have a problem with the continuance, however, noted that he would like the Greater Groves community, or the developer, to address the concerns that were brought up at the Planning and Zoning Commission Meeting that were not addressed. He stated that, as long as said concerns are addressed during the next 30 days, he would be happy to allow the applicant to have their continuance.
Mr. Richey stated that he had just received Mr. Orozco's letter and would address his concerns.
Mr. Jonathan Ward, a property owner in the area in question, in opposition to the request, addressed the Board stating that he would like to have a copy of said concerns, before the next Board Meeting where this matter will be addressed.
It was noted that he would be furnished with said information.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved a request to postpone Rezoning Case No. PH14-02-2, Holly Hill Fruit/Orange Tree Subdivision/Steven J. Richey, P.A., Tracking No. 27-02-PUD, for 30 days, until the meeting scheduled for June 25, 2002.
Commr. Stivender was not present at this meeting.
PETITION NO. CUP02/5/3-2 - VOLUNTARY REVOCATION OF CUP NO. 616-3 (A&B) - DANIS INDUSTRIES/DALLAS WOLFORD
TRACKING NO. 41-02-CUP/REV
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request for a voluntary revocation of some of the uses in the CUP, which she noted is a fairly dated CUP from 1990, that is tied in with an LM Ordinance. She stated that staff will have to go through the Ordinance and take out all the uses related to demolition debris, landfills, and shredded tires, and, in order to do so, the Board needs to revoke those uses. She stated that the original CUP includes an LM zoning, screening, and some other improvements and conditions, which will remain. She stated that the applicant is voluntarily asking the County to remove those uses and return their bond.
Commr. Pool stated that he had received several calls from individuals who live in the area and that he had visited the site and found that a very nice buffer used to exist along the south side of the property, however, noted that a portion of it had been removed and the applicant has reconstructed a partial buffer, but the elevation is not the same. He stated that another condition was that the applicant be required to sod the south side of the buffer and reinstall more vegetation and questioned whether this was something that the applicant was yet to do. He stated that he wanted to make sure they do what they agreed to comply with.
Ms. Farrell stated that that was all tied to the other activities that they have now ceased to do. She stated that the only uses left are storage and some light manufacturing. She noted that, in the original Ordinance, the County required screening of at least 10 feet in width from certain property lines.
Commr. Pool stated that the residents deserve a buffer and he wants to make sure that it is in place and the way that it should be, before the County gives the applicant their bond back.
Ms. Farrell stated that staff is working with the applicant's attorney, Mr. Jimmy Crawford, as well as the Code Enforcement staff, to make sure that everything is done properly.
Mr. Joseph Maxwell, an adjoining property owner, addressed the Board, in opposition to the request, at which time he submitted, for the record, two pages of digital photographs (Opposition's Exhibit A) of the mining site, showing its close proximity to his property line and to his daughter's property line. He stated that the applicant was not supposed to remove any debris from the dump site, however, noted that they had destroyed the test well site and had removed the buffer. He read a statement into the record, noting that he was representing himself and his daughter, whose properties lie directly behind the property in question. He asked the Board not to approve the request, noting that he wanted his home back and its resale value back. He stated that the current CUP states that three rows of trees and a berm much higher than the one in place was to be installed completely across the back of the property, however, noted that, on April 21, 1995, the applicant was allowed to lower the berm on the west side of the property. He stated that that was the only addendum to the original CUP that they could find. He stated that there were supposed to be no changes whatsoever to the buffer, especially abutting their properties and the applicant's property.
Commr. Pool stated that staff was recommending, before the Board approves the voluntary revocation of the CUP, that County staff work with Mr. Maxwell and other surrounding property owners, to make sure that what the County ends up with for the site is what the Ordinance states it should end up with. He stated that the County's legal counsel was recommending that the request be tabled, until said issues can be resolved.
Commr. Hanson stated that, during the 30 day postponement, staff could check to see if there are any other code violations against the applicant.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request to postpone Rezoning Case No. CPU02/5/3-2, Danis Industries/Dallas Wolford, Tracking No. 41-02-CUP/REV, for 30 days, until the meeting scheduled for June 25, 2002.
Commr. Stivender was not present at this meeting.
REPORTS
COUNTY ATTORNEY
COVANTA/LANDFILLS
Mr. Sandy Minkoff, County Attorney, requested permission to place on the Agenda a discussion regarding a request for a Closed Session, to discuss the Covanta litigation.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved to place said item on the Agenda.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney to schedule a Closed Session in June of this year, to discuss the Covanta litigation and receive direction from the Board regarding said matter.
Commr. Stivender was not present at this meeting.
REPORTS
COUNTY MANAGER
COMMISSIONERS/MEETINGS
Mr. Greg Welstead, Deputy County Manager, informed the Board that three of the Commissioners will be attending the National Association of Counties (NACo) Meeting on July 16, 2002, therefore, suggested that the Board Meeting scheduled for that day be cancelled.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved to cancel the Board Meeting scheduled for July 16, 2002, due to the fact that several Commissioners will be attending the National Association of Counties Meeting on that day.
Commr. Stivender was not present at this meeting.
REPORTS
COMMISSIONER HANSON - DISTRICT 4
MEETINGS/ROADS - COUNTY AND STATE
Commr. Hanson informed the Board that she had attended the SR 429 extension meeting that was held in Apopka last week and had forwarded to each of the Commissioners a copy of a letter that was being circulated, regarding said extension. She stated that it seems some of the individuals who were opposed to continuing with the study regarding the SR 429 extension now want to come back to the table and make some recommendations.
REPORTS
COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2
PRESENTATIONS/PARKS AND RECREATION
Commr. Pool informed the Board that he felt Dr. John Crumpton, Professor of Recreation, Parks, and Tourism Science, at Texas A & M University, who has been all around the world discussing the benefits of parks, recreation, and green spaces, should be asked to give a presentation to the Board, at a later date, for a fee of $1,500.00, and that all the various environmental groups in the County should be invited to attend.
It was the consensus of the Board to request Dr. Crumpton to do so.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:55 a.m.
________________________________ ROBERT A. POOL, CHAIRMAN
ATTEST:
________________________________
JAMES C. WATKINS, CLERK
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